Disposed

Pudota Showri Raju v. My Nest Developers

Telangana HC15 Apr 2019ARBAPPL/11/2019

Case brief

AI extract

What is this about?

In an arbitration application filed under Section 11 of the Arbitration and Conciliation Act, 1996, the single judge appointed a sole arbitrator appointed by mutual consent of the parties despite the underlying agreement providing for a three-member tribunal. The application was disposed of accordingly.

What did the court decide?

'Hon'ble Sri Justice T.N.C.Ranga Rajan(Retired)' appointed as Sole Arbitrator to decide the disputes.

Pudota Showri Raju Vs My Nest Developers — Arbitration | Telangana HC (2019)

¶1

THE HONOURABLE SRI JUSTICE M.S.RAMACHANDRA RAO

¶2

Arb.Appln.No.11 of 2019

¶3

O R D E R:

¶4

This Arbitration Application is filed under Section 11(5)&(6) of the Arbitration and Conciliation Act, 1996 for appointment of an Arbitrator to resolve the disputes between the applicants and the respondents arising out of the Development Agreement-cum-General Power of Attorney dt.30.09.2013.

¶5

Clause 22 of the said Agreement contends the

¶6

arbitration clause, which reads thus:

¶7

“In case any dispute arises between parties of the First and Second parts, the matter shall be referred to arbitrators one chosen by First and another chosen by Second and in case of any differences of opinion between such arbitrators, they shall nominate common umpire and their award shall be final and binding on both the parties and the relevant provisions of the arbitration act shall apply to both the parties.”

¶8

Counsel on both sides states that notwithstanding that

¶9

the Agreement contemplates the disputes resolution by an Arbitrary Tribunal consisting of three persons, they wish to have a sole Arbitrator and they have agreed for appointment of Hon’ble Sri Justice T.N.C.Ranga Rajan, Former Judge of this High Court to be the Arbitrator to adjudicate upon the disputes between them.

¶10

¶11

In view of the said submissions of counsel on both sides and a Joint Memo dt.15.04.2019 filed by the parties as well as the counsel, which is also placed on Hon’ble Justice T.N.C.Ranga Rajan(Retired) is appointed as a Sole Arbitrator to decide the disputes between the applicants and respondents arising out or in relation to Development Agreement-cum-General Power of Attorney dt.30.09.2013.

¶12

The Arbitration Application is disposed of with the above directions. No order as to costs.

¶13

6. Consequently, miscellaneous petitions pending if any,

¶14

shall stand closed.

¶15

M.S. RAMACHANDRA RAO, J

¶16

15^th April, 2019.

¶17

Note: Copy to be marked to Hon’ble Sri Justice T.N.C.Ranga Rajan(Retired), Vishnu’s Blue Lotus, 103, 2^nd Floor, 8-2-2/1/A/1,2,3,4, Rd No.3, Banjara Hills, Hyderabad-34

¶18

B/o gra

Pudota Showri Raju v. My Nest Developers

Case brief

What is this about?

What did the court decide?

Pudota Showri Raju v. My Nest Developers

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Chintalaphani Sudheer Reddy Vs Chilupuri Ramaswamy

Bhumula Laxmaiah, Vs Ankati Kanthamma

Bhumula Laxmaiah, Vs Ankati Kanthamma

Smt. Palla Lalithamma Vs Palla Suresh , Palla Sarveshwar Sharma

K Gayathri, Karimnagar Dist and 1 Other Vs K Bhagyalakshmi, Karimnagar Dist. and 5 Others

Rajendra Sharma Vs Sai Plywood